2021 New Mexico Statutes
Chapter 28 - Human Rights

Section 28-1-7.1 - Prohibiting discrimination against seniors in certain volunteer service. - The state or a political subdivision of the state shall...

Section 28-1-7.2 - Quotas prohibited. - A person, employer, employment agency or organization shall not use...

Section 28-1-8 - Repealed. - Repeals. — Laws 1983, ch. 241, § 6, repealed 28-1-8...

Section 28-1-9 - Exemptions. - Nothing contained in the Human Rights Act shall: A. apply...

Section 28-1-10 - Grievance procedure. - A. A person claiming to be aggrieved by an unlawful...

Section 28-1-11 - Hearing procedures. - A. The respondent to a complaint made pursuant to Section...

Section 28-1-12 - Enforcement. - If a respondent to a complaint filed pursuant to the...

Section 28-1-13 - Appeal. - A. A person aggrieved by an order of the commission...

Section 28-1-14 - Posting of law and information. - Every person who is subject to the Human Rights Act,...

Section 28-1-15 - Repealed. - History: Laws 1987, ch. 333, § 1; 1993, ch. 268,...

Article 2 - Criminal Offender Employment Act

Section 28-2-1 - Short title. - Chapter 28, Article 2 NMSA 1978 may be cited as...

Section 28-2-2 - Purpose of act. - The legislature finds that the public is best protected when...

Section 28-2-3 - Employment eligibility determination. - A. Subject to the provisions of Subsection B of this...

Section 28-2-3.1 - Employment eligibility determination; private employers. - A. If a private employer uses a written or electronic...

Section 28-2-4 - Power to refuse, renew, suspend or revoke public employment or license. - A. Any board or other agency having jurisdiction over employment...

Section 28-2-5 - Nonapplicability to law enforcement agencies. - The Criminal Offender Employment Act is not applicable to any...

Section 28-2-6 - Applicability. - The provisions of the Criminal Offender Employment Act relating to...

Article 3 - Commission on the Status of Women

Section 28-3-1 - Commission on the status of women; creation. - A. The "commission on the status of women" is created....

Section 28-3-2 - Commission on the status of women; duties. - The commission shall: A. stimulate and encourage throughout the state...

Section 28-3-3 - Commission on the status of women; powers. - The commission: A. may receive on behalf of the state...

Section 28-3-4 - Commission on the status of women; staff. - The commission shall appoint a director, who is the administrative...

Section 28-3-5 - Commission on the status of women; reports. - The commission shall submit reports on its preceding year's work...

Section 28-3-6 - Commission on the status of women; compensation. - Commission members shall be reimbursed as provided for nonsalaried public...

Section 28-3-6.1 - Office of the governor's council on women's health created. - A. The "office of the governor's council on women's health"...

Section 28-3-7 - Short title. - This act [28-3-7 to 28-3-11 NMSA 1978] may be cited...

Section 28-3-8 - Findings and purpose of act. - The legislature finds that there is an increasing number of...

Section 28-3-9 - Definitions. - As used in the Displaced Homemakers Act [28-3-7 to 28-3-11...

Section 28-3-10 - Office for displaced homemakers; creation; research and planning for displaced homemaker programs. - There is created in the commission on the status of...

Section 28-3-11 - Report and recommendations. - The director of the commission on the status of women,...

Article 4 - Aging and Long-term Services

Section 28-4-1 - Commission on aging [Aging and long-term services department]; duties. - The commission on aging [aging and long-term services department] shall...

Section 28-4-2 - Definitions. - The commission on aging shall mean the aging services bureau...

Section 28-4-3 - Commission on aging [Aging and long-term services department]; powers. - The commission [department]: A. may receive on behalf of the...

Section 28-4-4 - Agency created. - There is created as an entity of state government the...

Section 28-4-5 - Agency duties. - The state agency on aging [aging and long-term services department]...

Section 28-4-6 - Agency powers. - A. The state agency on aging [aging and long-term services...

Section 28-4-7 - Agency staff. - The director shall hire such staff as is necessary, all...

Section 28-4-8 - Reports. - The state agency on aging [aging and long-term services department]...

Section 28-4-9 - Advisory committee. - The governor shall appoint an eleven-member advisory committee to the...

Article 5 - Committee on Children and Youth (Repealed.)

Section 28-5-1 to 28-5-3 - Repealed. - Repeals. — Laws 1988, ch. 101, § 51 repealed 28-5-1...

Article 6 - Age of Majority

Section 28-6-1 - Age of majority; eighteen years; exception. - A. Except as provided in Subsection B or otherwise specifically...

Section 28-6-2 to 28-6-8 - Repealed. - Repeals. — Laws 1995, ch. 206, § 4 repealed former...

Article 7 - Blind and Disabled Persons

Section 28-7-1 - Short title. - This act [28-7-1 to 28-7-7 NMSA 1978] may be cited...

Section 28-7-2 - Policy. - It is the policy of this state to encourage and...

Section 28-7-3 - Equal right to use public facilities. - A. Persons who are blind, visually impaired or who have...

Section 28-7-4 - Driver to take precautions approaching blind; liability for damage. - The driver of a vehicle approaching a totally or partially...

Section 28-7-5 - Interference with rights of blind; penalty. - A person, firm or corporation or the agent of a...

Section 28-7-6 - Annual proclamation of white cane safety day by governor. - Each year, the governor shall take suitable public notice of...

Section 28-7-7 - Policy of state on employment of persons with a disability. - It is the policy of this state that a person...

Section 28-7-8 to 28-7-12 - Repealed. - Repeals. — Laws 1983, ch. 60, § 4, repealed 28-7-8...

Section 28-7-13 - Prohibiting influence against joining organizations for the visually handicapped. - No officer or employee of the state or any political...

Section 28-7-14 - Medical eye care. - There is created the "medical eye care and sight conservation...

Section 28-7-15 - Short title. - Sections 1 through 9 [28-7-15 to 28-7-23 NMSA 1978] of...

Section 28-7-16 - Commission for the blind created. - A. There is created the "commission for the blind", consisting...

Section 28-7-17 - Commission for the blind; powers and duties. - The commission for the blind shall: A. apply for and...

Section 28-7-18 - Staff. - The commission shall appoint a director, who is the administrative...

Section 28-7-19 - Qualification as blind; examinations required. - A. Qualification of a person as blind shall be determined...

Section 28-7-20 - Corrective medical services. - In addition to arranging and paying for examinations to determine...

Section 28-7-21 - Reports. - Whenever a licensed ophthalmologist finds a person he has examined...

Section 28-7-22 - Receipt of federal funds; designation. - The commission is authorized to receive and administer any federal...

Section 28-7-23 - Hearing; appeal. - The commission shall provide an opportunity for a fair hearing...

Article 8 - Identifying Devices and Cards for Disabled Persons

Section 28-8-1 - Definitions. - As used in this act [28-8-1 to 28-8-7 NMSA 1978]:...

Section 28-8-2 - Identifying devices for persons having certain conditions. - A. A person who suffers from epilepsy, diabetes, a cardiac...

Section 28-8-3 - Duty of peace officer. - A. A peace officer shall make a diligent effort to...

Section 28-8-4 - Duty of medical practitioners. - A. A medical practitioner, in discharging his duty to a...

Section 28-8-5 - Duty of others. - A. A person, other than a peace officer or medical...

Section 28-8-6 - Falsifying identification or misrepresenting condition. - A person who, with intent to deceive, provides, wears, uses...

Section 28-8-7 - Other duties. - The duties imposed by this act [28-8-1 to 28-8-7 NMSA...

Article 9 - Employment of Blind Persons (Recompiled.)

Section 28-9-1 to 28-9-6 - Recompiled. - Recompilations. — Laws 1983, ch. 60, § 3, recompiled 28-9-1...

Article 10 - Concerns and Employment of the Disabled

Section 28-10-1 - Governor's commission on disability. - A. There is created the "governor's commission on disability" consisting...

Section 28-10-2 - Governor's commission on disability; powers and duties. - The governor's commission on disability shall establish and maintain a...

Section 28-10-3 - Additional powers. - The governor's commission on disability: A. may receive on behalf...

Section 28-10-3.1 - Full-service gasoline stations; decal display; service to person with a disability. - A. The governor's commission on disability shall design and produce...

Section 28-10-3.2 - Short title. - Sections 1 and 2 [28-10-3.2 and 28-10-3.3 NMSA 1978] of...

Section 28-10-3.3 - Program created. - The "placard abuse prevention program" is created in the governor's...

Section 28-10-4 - Advisory council. - A. The governor's commission on disability shall appoint an appropriate...

Section 28-10-5 - Disability fund created. - A. There is created in the state treasury a "disability...

Section 28-10-5.1 - Housing modification for persons with a disability permanent fund; investment; distribution. - A. The "housing modification for persons with a disability permanent...

Section 28-10-6 - Reports. - The governor's commission on disability and the advisory council on...

Section 28-10-7 - Compensation. - Members of the governor's commission on disability shall be reimbursed...

Section 28-10-8 - Administrative attachment. - The governor's commission on disability is administratively attached, as defined...

Section 28-10-8.1 - Director; commission staff. - The governor's commission on disability shall appoint a director who...

Section 28-10-9 - Short title. - Sections 28-10-9 through 28-10-12 NMSA 1978 may be cited as...

Section 28-10-10 - Definition. - As used in the Disability Employment Act [28-10-9 through 28-10-12...

Section 28-10-11 - State policy. - In order to further the efforts of New Mexico in...

Section 28-10-12 - Personnel board; rules. - The personnel board shall establish rules and procedures consistent with...

Article 10A - Human Immunodeficiency Virus Tests as Condition of Employment

Section 28-10A-1 - Human immunodeficiency virus related test; limitation. - A. No person may require an individual to disclose the...

Article 11 - Service Animal

Section 28-11-1 - Repealed. - Repeals. — Laws 1989, ch. 242, § 5 repealed 28-11-1...

Section 28-11-1.1 - Short title. - Chapter 28, Article 11 NMSA 1978 may be cited as...

Section 28-11-2 - Definitions. - As used in the Service Animal Act: A. "emotional support...

Section 28-11-3 - Admittance of qualified service animal. - A. Notwithstanding any other provision of law: (1) a person...

Section 28-11-4 - Penalty. - A. A person who violates a provision of the Service...

Section 28-11-5 - Findings and purpose; interference with qualified service animals prohibited; criminal and civil penalties. - A. The legislature finds that unrestrained animals constitute a danger...

Section 28-11-6 - Prohibition of false presentation of animal as a qualified service animal. - A. A person shall not knowingly present as a qualified...

Article 11A - Telecommunication Devices for the Deaf

Section 28-11A-1 - Legislative finding. - The legislature finds that many state citizens who are unable...

Section 28-11A-2 - Definitions. - As used in this act [28-11A-1 to 28-11A-3 NMSA 1978]:...

Section 28-11A-3 - Vocational rehabilitation division; purchase of telecommunication devices for the deaf. - A telecommunication device for the deaf shall be purchased by...

Article 11B - Commission for Deaf and Hard-of-Hearing Persons

Section 28-11B-1 - Commission for deaf and hard-of-hearing persons created. - A. There is created the "commission for deaf and hard-of-hearing...

Section 28-11B-2 - Commission for deaf and hard-of-hearing persons; powers and duties. - The commission for deaf and hard-of-hearing persons shall: A. supervise...

Section 28-11B-3 - Commission; staff. - A. The commission for deaf and hard-of-hearing persons shall appoint...

Section 28-11B-4 - Commission; task forces. - The commission for deaf and hard-of-hearing persons may appoint task...

Article 11C - Deaf and Hard-of-Hearing Children's Educational Bill of Rights

Section 28-11C-1 - Short title. - This act [28-11C-1 to 28-11C-3 NMSA 1978] may be cited...

Section 28-11C-2 - Findings and purpose. - A. The legislature finds that: (1) hearing loss affects the...

Section 28-11C-3 - Educational rights of deaf and hard-of-hearing children; additional duty of public education department. - A. The state of New Mexico recognizes the unique communication...

Article 12 - Indian Affairs (Repealed.)

Section 28-12-1 to 28-12-3 - Repealed. - Repeals. — Laws 1996, ch. 25, § 4 repealed 28-12-1...

Section 28-12-4 to 28-12-9 - Repealed. - Repeals. — Laws 2004, ch. 18, § 18 and Laws...

Article 13 - Veterans' Services (Repealed, Recompiled.)

Section 28-13-1 to 28-13-14 - Repealed. - Repeals. — Laws 2004, ch. 19, § 33 repealed 28-13-1...

Section 28-13-15 - Repealed. - Repeals. — Laws 1979, ch. 317, § 12, repealed 28-13-15...

Section 28-13-16 - Recompiled. - History: Laws 1921, ch. 61, § 1; C.S. 1929, §...

Article 13A - Veterans' Special Recreation and Museum Privileges

Section 28-13A-1 - Special recreation and museum privileges. - A. On the federally designated legal holiday known as "Veterans'...

Article 14 - Aid to Children of Deceased Military and State Police Personnel

Section 28-14-1 - Use of funds for children of deceased New Mexico military personnel and state policemen. - A. The funds set aside under the provisions of Sections...

Section 28-14-2 - Amounts payable to institutions; eligibility. - The amounts due to any educational or training institution pursuant...

Section 28-14-3 - Selection by veterans' services department. - Children who are to receive the educational benefits provided under...

Section 28-14-4 - Maximum payments. - Not more than three hundred dollars ($300) shall be paid,...

Article 15 - Reemployment of Persons in Armed Forces

Section 28-15-1 - Reemployment of persons in armed forces. - Any person who, after having given advance written or verbal...

Section 28-15-2 - [Status on reinstatement; restriction on discharge.] - Any person who is restored to a position in accordance...

Section 28-15-3 - [Enforcement in district court; procedure.] - In case any person acting either in a public or...

Article 16 - Developmental Disabilities Community Services

Section 28-16-1 to 28-16-15.1 - Repealed. - Repeals. — Laws 1993, ch. 50, § 19 repealed 28-16-1...

Section 28-16-15.2 - Developmental disabilities planning council; additional duties. - The developmental disabilities planning council shall cooperate with the department...

Section 28-16-16 to 28-16-18 - Repealed. - Repeals. — Laws 1993, ch. 50, § 19 repealed 28-16-16...

Article 16A - Developmental Disabilities

Section 28-16A-1 - Short title. - Chapter 28, Article 16A NMSA 1978 may be cited as...

Section 28-16A-2 - Legislative authorization. - The Developmental Disabilities Act authorizes the department to plan, provide...

Section 28-16A-3 - Definitions. - As used in the Developmental Disabilities Act: A. "assessment" means...

Section 28-16A-4 - Developmental disabilities council; creation; membership; terms. - A. The "developmental disabilities council" is created in accordance with...

Section 28-16A-5 - Powers and duties. - A. The council shall: (1) provide statewide advocacy for persons...

Section 28-16A-6 - Eligibility. - A. For purposes of eligibility for support and services, "developmental...

Section 28-16A-7 - Comprehensive review and analysis. - A. The council shall conduct a comprehensive review and analysis...

Section 28-16A-8 - Reporting on community services for persons with developmental disabilities. - The department of health, the human services department, the public...

Section 28-16A-9 - Information and referral system; coordination and continuation. - In order to coordinate information and referral services and eliminate...

Section 28-16A-10 - Developmental disabilities council; staff. - The council shall employ an executive director, who is the...

Section 28-16A-11 - Developmental disabilities council; reports. - The council shall submit reports on its preceding year's work...

Section 28-16A-12 - Developmental disabilities council; compensation. - Council members shall be reimbursed as provided in the Per...

Section 28-16A-13 - Authorization for providing support and services for persons with developmental disabilities. - A. Subject to the availability of appropriations provided expressly for...

Section 28-16A-14 - Quality assurance system. - A. The department shall develop and maintain a quality assurance...

Section 28-16A-15 - Admission, transfer, withdrawal and discharge of persons receiving support and services purchased or provided by the department. - A. In cooperation with other state agencies, the department shall...

Section 28-16A-16 - Determination of rates for payment for support and services. - A. The department shall develop, implement and maintain a provider...

Section 28-16A-17 - Independent status of service providers. - Except as otherwise provided, each service provider shall be considered...

Section 28-16A-18 - Developmental disabilities early childhood evaluation system. - The state shall have a timely, comprehensive, multidisciplinary system for...

Section 28-16A-19 - Information and referral task force creation. - There is created an information and referral task force located...

Section 28-16A-20 - Reporting; department of health; intermediate care facilities for individuals with intellectual disabilities; independent review. - Within thirty days of the date on which reporting pursuant...

Article 16B - Office of Guardianship

Section 28-16B-1 - Short title. - Chapter 28, Article 16B NMSA 1978 may be cited as...

Section 28-16B-1.1 - Professional guardian and conservator licensing. - As used in the Office of Guardianship Act: A. "professional...

Section 28-16B-2 - Office of guardianship; created; staff. - A. The "office of guardianship" is created in the developmental...

Section 28-16B-3 - Office; powers and duties. - A. The office of guardianship may: (1) promulgate rules in...

Section 28-16B-4 - Service agreement monitoring and enforcement. - A. The office of guardianship shall monitor professional guardians providing...

Section 28-16B-5 - Guardianship service agreements. - A service agreement for guardianship services shall include: A. a...

Section 28-16B-6 - Resolution of complaints. - A. The office of guardianship shall establish by rule for...

Section 28-16B-7 - Office of guardianship fund; creation; appropriation. - A. The "office of guardianship fund" is created in the...

Article 16C - Special Education Ombud

Section 28-16C-1 - Short title. - Sections 1 through 11 [28-16C-1 to 28-16C-11 NMSA 1978] of...

Section 28-16C-2 - Definitions. - As used in the Special Education Ombud Act: A. "council"...

Section 28-16C-3 - Creation of the office of the state special education ombud; general duties of the office. - A. The "office of the state special education ombud" is...

Section 28-16C-4 - Annual report; contents. - No later than December 1 of each year, the office...

Section 28-16C-5 - Investigation and resolution of special education concerns. - The office shall identify, investigate and seek to resolve concerns...

Section 28-16C-6 - Access to student educational records. - Upon request and with consent from the student or the...

Section 28-16C-7 - Confidentiality of information. - A. All files and records maintained by the office that...

Section 28-16C-8 - Conflict of interest. - The council shall ensure that: A. a person or an...

Section 28-16C-9 - Posting and distribution of ombud information. - Every public school providing special education services shall post in...

Section 28-16C-10 - Availability of legal counsel to the office. - The council shall ensure that adequate legal counsel is available...

Section 28-16C-11 - Interference with the office and retaliation prohibited; potential actions for noncompliance. - A. A person shall not willfully interfere with the lawful...

Article 17 - Long-Term Care Ombudsman

Section 28-17-1 - Short title. - Chapter 28, Article 17 NMSA 1978 may be cited as...

Section 28-17-2 - Purpose. - The legislature recognizes that the state agency on aging [aging...

Section 28-17-3 - Definitions. - As used in the Long-Term Care Ombudsman Act: A. "adult...

Section 28-17-4 - Establishment of the office of the state long-term care ombudsman; general duties of the office. - A. Pursuant to the Older Americans Act, the agency shall...

Section 28-17-5 - Rule-making authority of director. - The director shall adopt and promulgate such reasonable rules and...

Section 28-17-6 - Regional and local long-term care ombudsman programs. - A. In carrying out the duties of the office, the...

Section 28-17-7 - Training and certification. - A. The state ombudsman shall ensure that office staff, including...

Section 28-17-8 - Investigation and resolution of complaints. - The office shall investigate and seek to resolve complaints and...

Section 28-17-9 - Referrals. - A. When abuse, neglect or exploitation of a resident of...

Section 28-17-10 - Facility posting of ombudsman information. - Every long-term care facility shall post in a conspicuous location...

Section 28-17-11 - Access to agency records. - Upon request, the office shall have access to records of...

Section 28-17-12 - Access to long-term care facilities. - Representatives of the office shall have immediate access to any...

Section 28-17-13 - Access to records of patients, residents or clients. - A. In order for the office to carry out its...

Section 28-17-14 - Confidentiality of information. - A. The files and records of the office may be...

Section 28-17-15 - Conflict of interest. - The agency shall ensure that: A. no individual or a...

Section 28-17-16 - Representatives of the office. - Any regional or local ombudsman program designated by the office...

Section 28-17-17 - Immunity from liability. - No representative of the office shall be liable under state...

Section 28-17-18 - Availability of legal counsel. - The agency shall ensure that: A. adequate legal counsel is...

Section 28-17-19 - Interference with the office and retaliation prohibited; penalty; civil; appeal. - A. No person shall willfully interfere with the lawful actions...

Article 18 - Education of the Handicapped (Repealed)

Section 28-18-1 - Repealed. - History: Laws 1990, ch. 4, § 1; 1993, ch. 34,...

Section 28-18-2 - Repealed. - History: Laws 1990, ch. 4, § 2; 1993, ch. 34,...

Article 19 - Martin Luther King, Jr. Commission

Section 28-19-1 - Martin Luther King, Jr. commission; created; defined; members; terms; compensation. - A. The "Martin Luther King, Jr. commission" is created. The...

Section 28-19-2 - Martin Luther King, Jr. fund; created. - A. There is created within the state treasury for the...

Section 28-19-3 - Duties of the commission. - The duties and powers of the commission shall include, but...

Section 28-19-4 - Commission report. - The commission shall make an initial report to the governor...

Article 20 - Nursing Mothers

Section 28-20-1 - [Right to breastfeed.] - A mother may breastfeed her child in any location, public...

Section 28-20-2 - Use of a breast pump in the workplace. - A. In order to foster the ability of a nursing...

Article 21 - African American Affairs

Section 28-21-1 - Short title. - This act [28-21-1 to 28-21-4 NMSA 1978] may be cited...

Section 28-21-2 - Definitions. - As used in the African American Affairs Act: A. "fund"...

Section 28-21-3 - Office created; powers and duties. - A. The "office on African American affairs" is created and...

Section 28-21-4 - Fund created; administration. - The "office on African American affairs fund" is created in...

Article 22 - Religious Freedom Restoration

Section 28-22-1 - Short title. - Sections 1 through 5 [28-22-1 to 28-22-5 NMSA 1978] of...

Section 28-22-2 - Definitions. - As used in the New Mexico Religious Freedom Restoration Act:...

Section 28-22-3 - Religious freedom protected; exceptions. - A government agency shall not restrict a person's free exercise...

Section 28-22-4 - Private remedies. - A. A person whose free exercise of religion has been...

Section 28-22-5 - Construction of act. - Nothing in the New Mexico Religious Freedom Restoration Act authorizes...

Article 23 - Fair Pay for Women

Section 28-23-1 - Short title. - This act [28-23-1 to 28-23-6 NMSA 1978] may be cited...

Section 28-23-2 - Definitions. - As used in the Fair Pay for Women Act: A....

Section 28-23-3 - Prohibition on paying employees less for same work. - A. No employer shall discriminate, within any establishment in which...

Section 28-23-4 - Grievance procedure. - A. A person claiming to be aggrieved by an unlawful...

Section 28-23-5 - Retaliation prohibited. - It is a violation of the Fair Pay for Women...

Section 28-23-6 - Enforcement; penalties; remedies. - A. An employer who violates a provision of the Fair...

Article 24 - Gender-Free Restrooms

Section 28-24-1 - Short title. - This act [28-24-1 to 28-24-3 NMSA 1978] may be cited...

Section 28-24-2 - Definitions. - As used in the Gender-Free Restrooms Act: A. "gender identity"...

Section 28-24-3 - Public facility availability. - A. A single-user toilet facility that exists or is constructed...

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2021 New Mexico Statutes Chapter 28 - Human Rights

2021 New Mexico Statutes
Chapter 28 - Human Rights